Deputy Police Chief Cites Court Delays as Challenge to 72-Hour Detention Limit

By Makutu Manneh

Deputy Inspector General of Police Demba Sowe has said delays in court proceedings can make it difficult for the police to comply with The Gambia’s constitutional requirement that suspects be brought before a court within 72 hours of their arrest.

Speaking on GRTS, Mr. Sowe said the constitutional limit was clear and that the police were required to operate within it. He said officers were not authorized to deliberately hold suspects beyond the prescribed period.

But he said complications can arise when the police are ready to take a case to court, and a magistrate is unavailable or court officials schedule an appearance for a date that falls after the 72-hour period has expired.

“In between that date and the expiration of the 72 hours, what do you do if nobody comes to bail the suspect?” Mr. Sowe said. “The person ends up being under police custody, and there is no solution to that as far as the police are concerned because we cannot release a suspected criminal.”

Mr. Sowe said the difficulties surrounding detention can also depend on the nature of a case and whether a suspect is able to meet bail requirements.

During an investigation, he said, the police may release a suspect on either conditional or unconditional bail. When bail is conditional and requires a surety, however, a suspect may remain in custody until someone comes forward and satisfies the conditions for release.

Mr. Sowe said investigators generally seek to use the 72-hour period to complete their inquiries, prepare case files, and bring suspects before the courts.

His comments highlight the practical tension between the constitutional limit on detention and delays within the judicial process, particularly when court schedules or bail requirements prevent a suspect from being released or promptly brought before a magistrate.